R v Hyzaifah Khan
[2023] EWCA Crim 297
R v Mohammed Derie
11 October 2024
[2024] EWCA Crim 1337
Court of Appeal
A young man was sentenced to 27 months in prison for dealing drugs. He appealed, arguing the sentence was too harsh. The appeal court disagreed, saying the judge considered his age and difficult background, but the seriousness of the crime justified the length of the sentence.
Key Facts
- •Appellant pleaded guilty to two counts of being concerned in making an offer to supply Class A drugs (crack cocaine and heroin) via two drug lines ('Richards' and 'Flash').
- •Offences occurred between July 2023 and December 2023.
- •Appellant's involvement included sending bulk messages advertising drugs and, occasionally, delivering drugs.
- •Appellant was 17 at the start of the offences, turning 18 during the period.
- •Three phones linked to the 'Flash' line were seized from his home, along with betting slips with phone numbers.
- •Appellant had a difficult childhood and a report suggested potential pressure/coercion.
- •Recorder Beaumont sentenced him to 27 months' detention (concurrent sentences of 27 months each).
Legal Principles
Sentencing guidelines for supply of Class A drugs.
Sentencing guideline for the supply of Class A drugs
Assessment of culpability in drug supply offences (significant vs. lesser role).
Misuse of Drugs Act 1971, section 4(3)(c)
Overarching Guideline on sentencing children and young people.
The Children Guideline
Reduction in sentence for a guilty plea (considering factors affecting the timing of the plea).
Overarching Guideline on Reduction in sentence for a guilty plea, section F1
Modern Slavery Act 2015, section 45 (potential defence considered but ultimately not applicable).
Modern Slavery Act 2015
Outcomes
Appeal against sentence dismissed.
The Court of Appeal found the sentence of 27 months was neither manifestly excessive nor wrong in principle. The Recorder appropriately considered the appellant's role (between significant and lesser), age, vulnerability, and the guilty plea. The discount for the late guilty plea was deemed appropriate.